FRAUD LAWYERS BRISBANE- PROFESSIONAL LEGAL SERVICES FOR CRIMINAL MATTERS

What Steps to Take if Accused of Fraud

If you have been accused of fraud, consulting a skilled fraud lawyer is crucial. Expert advice places you in the best position to achieve a favourable outcome. Our fraud lawyers Brisbane represent clients charged with various types of fraud, including pawn store fraud, Centrelink fraud, and complex fraud schemes. When facing fraud allegations, you need a diligent lawyer to scrutinise the evidence. Our criminal lawyers thoroughly examine all details and work to exclude any inadmissible evidence. Even if the prosecution can substantiate a fraud claim, negotiation strategies may still be available.

Understanding Fraud and Its Implications in Brisbane

Fraud is a crime under s408C of the Queensland Criminal Code. A person will commit fraud if they “dishonestly” do various things. The focus is on the word “dishonestly”. The prosecution must prove what the person did was dishonest by the standards of ordinary honest people.

The following things will constitute fraud if the person does it dishonestly:

• Applies property belonging to another (including a person, company, or legal entity) to their own use.
• Applies property belonging to them, or in their possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person.
• obtains property from any person
• induces any person to deliver property to any person or
• gains a benefit or advantage, financial or otherwise, for any person; or causes a detriment, financial or otherwise, to any person; or
• Induces any person to do any act which the person is lawfully entitled to abstain from doing; or causes any person to refrain from doing any action which that person is legally allowed to do; or
• Makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service legally provided, without having paid and with intent to avoid payment.

What Penalties Can You Expect for Fraud Offences?

The maximum penalty in Brisbane for fraud ranges from 5 years to 20 years imprisonment.

The offender is liable to imprisonment for 14 years if, for an

offence against subsection (1)—

(a) the offender is a director or officer of a corporation and the victim is the corporation or

(b) the offender is an employee of the victim or

(c) any property with which the offence is committed came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any

When will the maximum sentence increase for fraud cases in Brisbane?

The maximum penalty for fraud in Brisbane will increase to 14 years imprisonment in the following situations: –

1. The offender is a Director or officer of a corporation, and the victim is the corporation.
2. The offender is an employee of the victim.
3. The property subject of the fraud came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or
4. The property, or the yield to the offender from the dishonesty or the detriment caused, is worth $30,000 or more but less than $100,000.

The maximum penalty for fraud in Brisbane will increase to 20 years imprisonment in the following situations: –

1. The property, or the yield to the offender from the dishonesty or the detriment caused, is of a value of $100,000 or more or
2. The offender carries on the business of committing the fraud.